APPOINTMENT AND FUNCTIONS OF MENTAL HEALTH OFFICERS

§Amendment made: In page 5, leave out from the end of line 29 to the end of line 10 on page 6 and insert

§
APPOINTMENT OF MENTAL HEALTH OFFICERS
7B./(1) A local authority shall appoint a sufficient number of persons for the purpose of discharging in relation to their area the functions of mental health officers under this Act.767(2) Any officer appointed by a local authority to act as a mental health officer after the date of coming into force of section 64(4) of the Local Government (Scotland) Act 1973 (that is to say, 16th May, 1975) but before the coming into force of section 7 of the Mental Health (Amendment) (Scotland) Act 1983 shall be deemed to have been appointed under subsection (1) of this section as if that subsection and section 64(5)(bb) of the said Act of 1973 had come into force on 16th May 1975.(3) On and after a day appointed by the Secretary of State by order, no person shall be appointed to act as a mental health officer under subsection (1) of this section unless he is approved by the local authority as having competence in dealing with persons who are suffering from mental disorder; and before appointing a person to act as a mental health officer, a local authority shall—

(a) ensure that the person has such qualifications, experience and competence in dealing with persons who are suffering from mental disorder; and

(b) have regard to such other matters as the Secretary of State may direct.

(4) No person appointed to act as a mental health officer before the appointed day shall continue so to act on or after the appointed day unless—

(a) he is approved by the local authority as having competence in dealing with persons who are suffering from mental disorder; and

(b) the local authority are satisfied that he has such qualifications, experience and competence in dealing with persons who are suffering from mental disorder as the Secretary of State may direct.".'—[Mr. John MacKay.]

§Amendment to the amendment made: (a) at end insert
'and, in any event, not later than seven days before the expiry of the period of twenty-eight days beginning with the day on which the patient was admitted to a hospital—'.—[Mr. John MacKay.]

§Amendment made [First Scottish Standing Committee, 28 April]: No. 177, in page 7, line 42, at end insert
' , unless he has previously done so under section 32A(5) of this Act.'".